Access to Legal Information for Latina Immigrant Survivors of Domestic Violence. Leah Arnold University of North Carolina at Chapel Hill

Transcription

1 Access to Legal Information for Latina Immigrant Survivors of Domestic Violence Leah Arnold University of North Carolina at Chapel Hill SOWO 709: Human Migration December 2, 2013

2 Introduction Domestic violence, like all forms of gender-based oppression, creates harmful consequences for individuals, families, and communities. Survivors can suffer from trauma and significant mental health consequences, including anxiety, depression, and symptoms of PTSD ( Intimate partner violence, 2012). Up to 37% of women seeking treatment for injuries at hospital emergency rooms are there because of injuries inflicted by a partner (National Network to End Domestic Violence, 2010). Mothers exposed to domestic violence are at a significantly increased risk of delivering low-weight or pre-term babies (Shah & Shah, 2010). Thirty to 53 percent of employed domestic violence survivors lose jobs, at least in part due to the violence (Runge, 2010). Children who are exposed to domestic violence are more likely to abuse drugs or alcohol in the future (National Network to End Domestic Violence, 2010). The list of adverse effects goes on and on, but it is clear that domestic violence is a societal concern that should be taken seriously. As the movement to eradicate domestic violence continues, it is important to explore the ways in which this violence intersects with other institutions. This paper focuses on the ways in which immigration law interacts with domestic violence, and it suggests that more collaboration between service providers and the legal sector is necessary to adequately confront these issues. This paper also offers a proposal for a small-scale, local intervention that may increase domestic violence service providers ability to impart vital legal information to those they serve. Finally, this study narrows its focus to a particular growing population in North Carolina: immigrants who identify as Latina. Before moving forward, it is important to note that not all who identify as Latinas are immigrants. Many self-identified Latinas have U.S. roots that go back several generations. It is also imperative to resist ethnic stereotyping; there is no such thing as a unified Hispanic/Latino culture. While this paper addresses the needs of Latinas in a generalized sense, it is with the awareness that all survivors have unique experiences and deserve individualized care. As Latino/a populations expand throughout the country, resisting stereotypes and assumptions will be vital. Background Latina Immigrants Nationally, today s immigrants are more likely to be women than in decades past (Zhou, 2002). In 1985, 49.8 percent of immigrants in the U.S. were female, and by 2000, that had jumped to 55.4 percent (Zhou, 2002). Among immigrants from Mexico in particular, the male-female numbers practically flipped. In 1985, women made up 41 percent of all immigrants from Mexico (Zhou, 2002). By 2000, women made up 59.5 percent of immigrants from Mexico (Zhou, 2002). Another migration trend is the rise of immigrants living in the U.S. without legal documentation. Data from March 2012 establishes that 41.7 million total immigrants currently live in the U.S., and 11.7 million of those immigrants are undocumented (Caumont, 2013). Women make up 41 percent of the total undocumented population (Caumont, 2013).

3 In North Carolina, the community has grown by an astounding 111 percent since 2000 (U.S. Census Bureau, 2013). In 2011, the Pew Hispanic Center reported that Hispanics now make up nine percent of North Carolina s total population and 13 percent of its K-12 students ( Demographic Profile, 2011). These facts highlight a growing population of Hispanic/Latin@ immigrants in North Carolina, many of whom are undocumented women. This information underscores the importance of identifying and addressing the needs that this population may have. One important need involves the delivery of domestic violence-related services. Domestic violence prevalence Domestic violence is a prevalent problem throughout the country, with roughly 25 percent of all women having experienced it in their lifetimes (Tjaden 2000). However, one study found that among Latinas in the U.S., nearly 55 percent report having suffered from violent victimization (Murdaugh, Hunt, Sowell & Santana, 2004). Latina survivors also tend to be younger, less educated, and poorer than non-latina White survivors, and they may experience higher rates of suicidal ideation due to the violence (Murdaugh, Hunt, Sowell & Santana, 2004). A study examining domestic violence among Latina women in the Southeast (South Carolina, specifically) found that 70 percent of women in the study reported victimization by violent acts within the past 12 months, with an average of six incidents of violence occurring during that time (Murdaugh, Hunt, Sowell & Santana, 2004). When the surveyed women from South Carolina were asked which services were very important to them, the top three services, when ranked, were: information about rights (81 percent), information about legal services (77 percent), and help going to court (77 percent) (Murdaugh, Hunt, Sowell & Santana, 2004). This study highlights the prevalence of violence victimization among immigrant women, particularly in the southeastern U.S., and emphasizes the overwhelming majority of survivors who cited law-related services as very important. It comes as no surprise that legal services are among the most valued and needed services that immigrant survivors seek. Immigrants and violence survivors interact with the legal system in many critical ways. Whether or not a survivor is able to work legally, move out of her home, and protect herself and her children are highly dependent on a set of legal rules and statuses. Immigration law and gender As immigration policy has evolved, so have legislative responses to immigrant survivors of abuse. Early immigration legislation gave immigrant women very few rights, since those policies stemmed from the concept of coverture, which essentially erased a woman s legal identity as an individual and merged it into her husband s legal identity (Orloff & Kaguyutan, 2001). The Immigration and Nationality Act of 1952 made the immigration statutes genderneutral for the first time, but kept some immigrants (including many women) dependent on their U.S. citizen or permanent resident spouses in order to maintain legal status (Orloff & Kaguyutan, 2001). Choosing to leave an abusive sponsoring spouse could result in an abused immigrant becoming undocumented. Thus, sponsoring spouses, usually husbands, wielded significant control over their immigrant wives.

4 The Immigration Marriage Fraud Amendments of 1986 gave even more power to sponsoring spouses (Orloff & Kaguyutan, 2001). This level of control made it tougher for domestic violence survivors to leave relationships. In response to this, in 1990 Congress first created a Battered Spouse Waiver; however, this did not include a clear provision leading to legalization of status. In 1994, Congress passed the landmark Violence Against Women Act that has led to the menu of legal options available today (Orloff & Kaguyutan, 2001). VAWA provided for new immigration options for domestic violence survivors, and it also created a surge of funding for domestic violence programs. Even while the law has historically progressed to recognize and protect immigrant survivors of gender-based violence, problems of funding and access remain. Most, if not all, of the legal remedies for survivors require the assistance of an attorney. Without an overhaul of funding streams and service models, many survivors never gain access to these incredibly useful options. Service Needs Knowledge of legal options, while key to empowering survivors decision-making, tends to be low among some battered immigrant populations. For example, 89% of participants in one study had no prior knowledge of civil protection orders before they turned to a legal or social services organization for help (Ammar, Orloff, Dutton & Hass, 2012). Advocates and service providers play a crucial role in informing battered immigrants that domestic violence is a crime and legal remedies are available (Ammar, Orloff, Dutton & Hass, 2012). Therefore, it is important for social services organizations who may often be the first responders in situations of domestic violence to have the capacity to both impart legal information to survivors and assist those who chose to pursue legal options. Collaboration between domestic violence first responders, social workers, and attorneys is key to providing legal services in a streamlined and easily-accessible manner. In fact, a recent report from the International Development Law Organization (IDLO) cited these multi-disciplinary collaborations as one of five key policy recommendations for improving women s empowerment and access to justice across the globe. The policy recommendation reads: Adopt a multi-disciplinary approach to women s access to justice. Investigate the potential of partnerships with non-legal service providers, in particular those working in the areas of women s economic empowerment and income generation, protection from violence and food security. Best practices include legal aid providers teaming up with non-legal service providers, such as combining with domestic violence counseling in women s shelters, or bundling legal aid delivery with existing services frequently accessed by women, such as midwifery services or microcredit schemes (International Development Law Organization, 2013). In Social Work with Immigrants and Refugees, the authors write that the strategy of building collaborative relationships and providing cross-training on issues related to violence against women should be included as part of the social worker s overall goal of assisting the newcomer woman in securing appropriate legal remedies that will ensure her safety (Chang-Muy &

5 Congress, 2009). Social workers and other service providers, if properly informed, can be of great assistance to survivors who are attempting to prove their abuse to immigration authorities. Service providers can assist by working with the survivor as she writes out her story in affidavit form, securing affidavits from friends or family members who can testify to the abuse, and obtaining copies of police records and medical reports. (Chang-Muy & Congress, 2009). Social workers or advocates can also submit affidavits attesting to the needs of the survivor and detailing the counseling and assistance they have provided to her. They can be advocates as the survivor works to obtain police signatures, public records, and other documents from legal institutions. A best practice toolkit from the Michigan Coalition to End Domestic and Sexual Violence (MCEDSV) also points out that while collaboration between domestic violence programs and those in the legal field leads to better outcomes for survivors, there are several barriers to this collaboration (Kubiak, Sullivan, Fries, Fedok & Nnawulezi, 2011). MCEDSV cites lack of training, lack of contact between the two sectors, time constraints, and lack of funding as potential obstacles to effective cross-sector collaboration (Kubiak, Sullivan, Fries, Fedok & Nnawulezi, 2011). While these challenges are real, some organizations are able to create holistic service models within their own organizations. Ayuda, an organization in Washington, D.C., has become a model for offering holistic services to immigrant survivors of domestic violence and sexual assault (Ayuda, n.d.). The organization offers both legal services and social services at the same location. According to the organization s website, staff social workers provide crisis intervention, comprehensive case management services, employment assistance, and referrals to shelter, food, medical and mental health care services (Ayuda, n.d.). Staff attorneys represent clients with immigration law matters, like applications for visas, along with family law matters, like custody or divorce (Ayuda, n.d.). In short, collaboration between different sectors occurs within the same organization, allowing survivors and their families to be served holistically. Claire Chu, Latino Victim Advocate at the Compass Center for Women and Families in Chapel Hill, is a key informant for this project. According to Ms. Chu, the major needs at Compass with regard to immigrant survivors revolve around outreach and capacity (personal communication, 2013). One outreach-related goal involved the offering of community education, particularly surrounding legal issues. Ms. Chu said that knowledge of immigration law and visa options is limited, and community members sometimes hear misinformation regarding the law (personal communication, 2013). New volunteers and hotline advocates complete a 48-hour training prior to beginning work at Compass. Regarding that training, Ms. Chu wrote the following: Our training, however, does not have an extensive focus on immigration options for clients. As such, usually, immigration options are looked into on an ad hoc basis when clients come in expressing those particular needs. As you can see, it d be extremely helpful if we had this knowledge/resource available preemptively! (personal communication, 2013). When domestic violence agencies can help survivors become informed about their rights and legal options, survivors are more likely to feel empowered to make the best decisions for

6 themselves and their families. For this reason, the best practices manual from the North Carolina Coalition Against Domestic Violence (NCCADV) suggests that [w]hen working with immigrant survivors, it is critical for advocates to have a basic understanding of immigration law as well as the special challenges faced by these survivors (emphasis mine) (NCCADV, 2006). This paper seeks to make a positive contribution towards bringing the legal and social service worlds together by strengthening domestic violence advocates ability to provide basic legal information to immigrant survivors. Proposed Intervention The proposed intervention will be a sort of handbook or printed resource for new volunteers and staff. The resource will include useful information for advocates who work with immigrants. It will provide a basic foundation of knowledge for staff and volunteers who are interested in learning more about immigration law. Armed with the basics, those advocates will ideally develop the ability to alert immigrant survivors to potential legal remedies that they may wish to pursue. These staff and volunteers will also have the knowledge needed to assist survivors as they find attorneys, write out the difficult details of their abuse in affidavit form, and obtain relevant public records. The proposed sections of the handbook are as follows: I. Overview of forms of immigration relief Including, but not limited to: what types of visas and legal remedies an immigrant survivor could potentially receive; requirements for each type of visa; what documentation a client needs in order to move forward with an application; etc. II. What advocates can do to help survivors in their journey Including, but not limited to: how to obtain criminal records locally; how to help a survivor write her personal affidavit; tips for working with law enforcement; how to write a letter of support as a social service provider; etc. III. Frequently asked questions Including, but not limited to the following topics: deportation/removal consequences for both victim and perpetrator; fear of law enforcement; ramifications of contacting authorities; child custody issues; legal options for children and family members; ramifications of applying and being denied; options for protection against abuser; public benefits eligibility; etc. IV. Resources This section would contain information about Triangle-area legal aid organizations, pro-bono attorneys, and attorneys offering sliding-scale fees. It would also offer contact information for local courthouses, police departments, and consulates. Additionally, this section would include a listing of websites, books, and other materials that may be helpful. The research cited in the service needs section of this paper points to the necessity of an informative handbook like the one proposed. However, there is a lack of specific research

7 measuring whether or not immigration law handbooks directly improve service providers ability to assist immigrant survivors. Part of the project implementation will include gathering feedback from staff, volunteers, and clients who use the resource. However, there are well developed best practices surrounding the role of court advocacy in domestic violence contexts. Court advocacy work closely mirrors the proposed immigration law-related interventions recommended in this paper. Court advocates are bridges between the survivor and the legal system. Given the similarities, it is appropriate to look to court advocacy resources in order to inform future immigration-related advocacy. The NCCADV s best practices manual includes information on the role and skills of a court advocate. The skills of an effective court advocate include: knowledge of legal and social systems and of community resources and how to use them; knowledge of the specific rules, procedures, and laws affecting the institution in question; knowledge of institutions, their modes of operation, and roles of staff on various levels; reading and writing skills for persuasion and documentation (NCCADV, 2006). The roles of an effective court advocate include: Assisting with information to learn how the system works, its structures, and procedures, including its limitations; Helping survivors generate and explore all available options and possible consequences; Assisting survivors in documenting their requests for action and the institutional responses received (NCCADV, 2006). Clearly, the best practices and guidelines established for court advocates can be used and adapted to fit an immigration-focused framework. The goal of this project is not to create something entirely new; rather, it is to supplement the strengths that domestic violence advocates already possess by providing an immigration angle to their work. This handbook is also not a new concept. Several national organizations have published helpful materials online, and these publications do a good job of providing information about a variety of topics. This project will attempt to avoid re-inventing the wheel and will serve as a summarized compilation of the best and most practical information out there. It will provide a local angle as well, including contact information for authorities and resources in North Carolina and the Triangle area. Finally, whenever the handbook references work published by another organization, it will be sure to appropriately cite the authors so that readers can access more indepth content as needed. Finally, whenever non-lawyers discuss legal matters with clients, unauthorized practice of law (which is illegal) becomes a risk. To remedy this potential risk, the guide will have large, attention-drawing text on the front cover indicating that it is not meant to provide legal advice, only information. It will also explicitly state that the information found in the guide is not meant to replace representation by an attorney. The printed copy will strongly recommend referring all clients to an attorney. In fact, the focus of the handbook will be to help advocates work more effectively with attorneys. The handbook will also instruct staff and volunteers about the key

8 differences between providing mere legal information and providing legal advice or representation. Organizational Case Study The organizational host for the implementation of this project is the Compass Center for Women and Families in Chapel Hill, North Carolina. The Compass Center was created in July 2012 when the Family Violence Prevention Center and The Women s Center merged (Compass Center, n.d.). The Family Violence Prevention Center of Orange County was founded in It was created to serve as the domestic violence agency for the county (Compass Center, n.d.). The Women s Center was founded in 1979, with a mission of empowering self-sufficient women and girls through a variety of career, financial, and adolescent programs (Compass Center, n.d.). Since the merger, the Compass Center has provided a wide range of services. Currently, services include domestic violence crisis counseling, court advocacy, support groups, financial literacy programs, career planning help, legal information, community referrals, and adolescent education programs (Compass Center, n.d.). Compass serves nearly 4,000 individuals from the Triangle area each year (Compass Center, n.d.). Compass Center is uniquely situated to assist Latina immigrant survivors as well. For many Latinas living in or around Orange County, Compass may be one of the first places to which they turn for assistance. In the last year, Compass has served 74 Spanish-speaking clients, 60 of whom self-identified as Latin@ (C. Chu, personal communication, 2013). While statistics are not kept regarding clients immigration status, Ms. Chu reported that every Latin@ client with whom she has worked so far has been an immigrant (personal communication, 2013). Resources Compass also has the resources needed to make this informational resource effective. In addition to Ms. Chu, whose job specifically entails outreach and services to the Latina community, Compass actively recruits bilingual hotline advocates and volunteers. Thus, the organization already has a base of staff and volunteers who are eager to serve this population, and that is a commendable strength. While staff and volunteers are the key resources for this project, other resources will be needed throughout implementation as well. For example, an attorney reviewer will be a vital resource prior to publishing the handbook. The handbook will compile properly cited research from legal statutes, online publications, books, and other sources. Having a licensed immigration attorney review all of the content for coherence and accuracy will be important. Finally, publication will not likely involve the expenditure of many resources, as the handbook can easily be compiled and published in PDF format for easy electronic access. Steps for implementation This handbook will be produced throughout the spring semester, pursuant to the requirements for the Certificate in Global Transmigration Studies. One step that will occur during the spring semester will be the interviewing of Compass staff and/or Latina immigrant clients. The purpose of these discussions will be to obtain frequently asked questions that are relevant and useful.

9 The next step involves the research and writing of actual content. Final steps include securing an attorney or law professor to review the content and obtaining feedback from Ms. Chu. Limitations and challenges not addressed There are two needs or challenges that this smaller-scale project fails to address, but which will nonetheless be important for Compass continued provision of services to Latinas. One is the challenge of finding and recruiting pro-bono or sliding-scale-fee attorneys who will partner with advocates and survivors. A second related challenge involves securing funding to assist survivors with application filing fees, records requests, and other costs incurred during the legal process. While this project does not specifically address those larger-scale concerns, it hopes to provide a positive contribution to advocates work as they serve this population of survivors. Conclusion Latinas, many of whom are newcomers to North Carolina, are an important and valuable group of individuals. It is essential to understand what needs this population has while being mindful of how Latinas strengths and concerns may differ from those of other North Carolinians. One important need, especially for Latinas who have survived abuse, is access to immigration-related legal services. Because social service providers are often the first and most affordable resource for survivors, it is important that these providers be knowledgeable about immigration law options. Latina survivors who are informed of their rights and who have helpful advocates on their side will hopefully be better-positioned to make empowering decisions for themselves and their families.

10 Citing References Ammar, N., Orloff, L., Dutton, M., & Hass, G. (2012). Battered immigrant women in the United States and protection orders: an exploratory research. Criminal Justice Review, 37(3), Ayuda, Inc. Domestic violence and sexual assault. (n.d.). Retrieved from Caumont, A. (2013, 09 23). Unauthorized immigration (Pew Hispanic Trends Project). Retrieved from Centers for Disease Control and Prevention. Intimate partner violence: consequences. (2012). Retrieved from Chang-Muy, F. & Congress, E. (Eds.). (2009). Social work with immigrants and refugees: legal issues, clinical skills, and advocacy. New York, NY: Springer Publishing Company. Compass Center. About us. (n.d.) Retrieved from National Network to End Domestic Violence. (2010). International Development Law Organization. (2013). Accessing justice: models, strategies, and best practices for women s empowerment. Retrieved from Kubiak, S., Sullivan, C., Fries, L., Fedok, G., & Nnawulezi, N. (2011, 12). Best practice toolkit for working with survivors with criminal histories. Retrieved from df Murdaugh, C., Hunt, S., Sowell, R., & Santana, I. (2004). Domestic violence in Hispanics in the southeastern United States: A Survey and Needs Analysis. Journal of Family Violence, volume 19 (2), National Network to End Domestic Violence. Domestic violence and sexual assault fact sheet. Retrieved from North Carolina Coalition Against Domestic Violence. Best practices manual for North Carolina domestic violence programs. (2006). Retrieved from resource_library/bestpracticesmanualforncdomesticviolenceprograms2006.pdf Orloff, L., & Kaguyutan, J. (2001). Offering a helping hand: legal protections for battered immigrant women. American University Journal of Gender, Social Policy & the Law, 10(95).

11 Runge, R. (2010). The legal response to the employment needs of domestic violence victims. Human Rights Magazine (American Bar Association), 37(3), Retrieved from vol37_2010/summer2010/the_legal_response_to_the_employment_needs_of_domestic_v iolence_victims_an_update.html Shah, P., & Shah, J. (2010). Maternal exposure to domestic violence and pregnancy and birth outcomes: a systematic review and meta-analyses. Journal of Women's Health., 19(11), Tjaden, P., & Thoennes, N. National Institute of Justice and the Centers for Disease Control and Prevention, (2000). Extent, nature, and consequences of intimate partner violence. Retrieved from website: U.S. Census Bureau. (2013) State and County Quickfacts: North Carolina. Retrieved from Zhou, M. (2002). Contemporary female immigration to the United States: A demographic profile. In Strum, P. & Tarantolo, D. (Eds.), Women Immigrants in the United States (pp ). Retrieved from

12 Annotated Bibliography 1. St. Joan, J. (2001). Building bridges, building walls: Collaboration between lawyers and social workers in a domestic violence clinic and issues of client confidentiality. Clinical Law Review, 7, This paper recommends more collaboration and knowledge transfer between two sectors that are important to Latina survivors: domestic violence agencies and attorneys. Creating these professional teams can make the process more supportive for survivors, as well as lower legal fees when attorneys rely on advocates to obtain required documentation instead of billing for that time themselves. However, collaboration between two professions is not always easy. This article details some of the situations of which attorneys and social workers should be aware when working with each other. It highlights the difference in ethical guidelines between the two professions and suggests a way to remedy the seeming tension. It would be a useful read for those looking to support survivors by working across multiple sectors and professions. 2. Carey, C. (2011). Correcting myopia in domestic violence advocacy: moving forward in lawyering and law school clinics. Columbia Journal of Gender and Law, 21(1), This law review article suggests that domestic violence legal practitioners focus too much on civil protective orders and family law issues, and not enough on holistic issues, including housing, employment, immigration, and health issues. It argues that a more holistic approach is necessary, even when that approach involves some non-legal work. While this article does not directly speak to collaboration with domestic violence agencies, it may encourage practicing attorneys to take a broader look at what their DV clients are going through. It may serve as a discussion starter for examining how attorneys can better partner with local DV agencies to serve clients on a pro-bono or discount fee structure, while working alongside advocates to ensure that survivors receive everything they truly need not just a narrow solution to a single problem. 3. Orloff, L. (2013). Empowering survivors: legal rights of immigrant victims of sexual assault. Washington, D.C.: National Immigrant Women's Advocacy Project. Retrieved from SA.pdf This comprehensive manual is produced by attorneys and aimed at those working in the legal profession. As such, it is incredibly useful to lawyers and law students who want to learn more about almost every aspect of advocating for immigrant survivors of sexual assault (note that the legal term is victims, and that term is used throughout legal publications like this one). However, it is over 850 pages long and is heavy with legal footnotes which, while important, may not be of as much interest to staff and volunteers at social service agencies. It also focuses on sexual assault crime victims, though most of the information is entirely applicable to situations involving domestic or other gender-based violence. Those working in domestic

13 violence service agencies would be most interested in Chapter 4: The U Visa Remedy for Immigrant Victims of Sexual Assault and the Need for Multidimensional Collaboration, which begins on page 111. The chapter explains why collaboration may be the most effective option for meeting a survivor s needs, but is careful to mention confidentiality concerns and barriers that may arise. It also mentions established models for collaboration when working with survivors of sexual assault; the literature on these models may inform other collaboration plans. This guide, while incredibly comprehensive and wonderfully detailed, may be a bit too long for the average volunteer to flip through. My proposed resource hopes to compile and cite the best information from publications such as this one and make it readable and accessible for local DV agencies. 4. Parras-Konrad, S. Defensa y promocion de la mujer latina: trabajando con comunidades latinas para eliminar la violencia doméstica. National Latino Alliance for the Elimination of Domestic Violence. Retrieved from manuals/ovwmanual.pdf This resource, available as a PDF download, is an excellent manual for all who work with Latina domestic violence survivors. It looks at many issues that affect this population, including identity formation, rights to public benefits, Title VI, and leadership development for survivors. It also includes a section on immigration law where it provides an overview of available remedies and then encourages advocates to become allied with a practicing attorney. Most importantly, this guide was written for and by the population it seeks to serve: Latinas. The publication is entirely in Spanish, so it is a crucial resource for bilingual advocates, survivors, and community members who desire to augment their understanding of domestic violence in the Latino/a community. 5. Pendleton, G. (2008). Winning U visas: getting law enforcement certification. LexisNexis Expert Commentaries. Retrieved from This resource, written by an attorney and available for free download on the Asista website, is a highly practical guide to getting law enforcement on your side throughout the U visa process. While it is aimed mostly at attorneys, this information would be helpful to domestic violence advocates who are assisting survivors with obtaining necessary paperwork to file for a U visa. It is not uncommon for advocates and survivors to attempt to obtain as many documents as possible by themselves in order to lower attorney fees later. Advocates who can create good working relationships with law enforcement may provide a helpful in for their clients needing a law enforcement signature on an application.